POLI 360 - Lecture (Mar. 29th)

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School

McGill University

Department

Political Science

Course

POLI 360

Professor

T.V.Paul

Semester

Winter

Description

thMar 29International LawTreatiesCountries agree explicitly when they sign onto a treaty International customary ruleshabitual practisesgeneral principles of international lawprior judicial decisionswritings of highly qualified expertsthey are the largest component of international law because of the practise of states over a large amount of timeUsagesbecome custom when international legal norms have been repeated over a period of time by several states and when several states act according to customs it would become obligation on their partstate by state evolution of legal practisesthese come below international lawcustomary ruleswhen states come to practise these over and over it becomes law for themprevious to treaty Maritime law was customaryConsular privileges neutrality rules etc international commerce rules began as usagesGeneral Principles of International Law not properly defined oftenex sovereigntyprinciple of legal equality every state is treated equallytreatment of nationals different nationals should receive fair treatmentSanctionsinternational law vs domestic lawsanctions may simply be an attempt to apply international moralityany sanctions have normative utilitarian and coercive sanctions coercive threat of inflicting a lossutilitarian matter of personal safetynormative to contribute to orderly existence most laws are utilitarian in motive